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MIKUS v. ROSELL

19 Misc.3d 178 (2008)

850 N.Y.S.2d 860

FERN B. MIKUS, Individually and as Administrator of the Estate of PAUL F. MIKUS, Deceased, Plaintiff, v. FRANK ROSELL et al., Defendants.

Supreme Court, Richmond County.

January 16, 2008.

Attorney(s) appearing for the Case

Kopff, Nardelli & Dopf, LLP, for Frank Rosell and another, defendants.

Weiner Carroll & Strauss for plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, for George Ciporkin, defendant.

Shaub, Ahmuty, Citrin & Spratt, LLP, for Staten Island University Hospital, defendant.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

Medical specialists, who are presented with a radiologist's written report of their patient's radiograph (X ray), which contains a suggestion that the patient have a follow-up chest X ray within three months to reassess whether there is a pulmonary nodule on the patient's lung are under a duty to advise the patient of such findings and suggestion for a follow-up...

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